Terms of Service

By signing up with ULTIM Marketing or any of its subsidiaries, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein.  This Agreement is between ULTIM Marketing (“the service provider,” “us,” “we,” or “our”) and all its subscribers and users (“the client,” “you,” “your” or “subscriber”). This Agreement and the client’s use of services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).

Agreement Summary

  • Conditions of Use
  • Warranties
  • Privacy Policy
  • Copyright
  • Partnership Agreements

Conditions of Use

Service provider reserves the right to update and change the Terms of Service at any time and without notice. Any new features, services that augment or enhance the current Service, including the release of new tools, resources and services, shall be subject to the Terms of Service. Continued use of our services Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

  • You must be 18 years or older to use  Services.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • One person or legal entity may not maintain more than one account. You may not assign your rights under this Agreement without our prior written consent.
  • You must present our services in a manner that is ethical and in conformity with community standards.
  • You will respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
  • You will accept notifications of service changes, commercial email and similar offers presented via email.
  • You must not modify, adapt or hack another website so as to falsely imply that it is associated with our Services, us, or any other service.
  • This agreement is ‘at-will’, meaning that you can cancel your account at any time and so can we (which we exercise typically in the case of violations of our ethics rules but which we reserve for any reason whatsoever).

Warranties

You understand that the service provider, and/or its assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its assigns and to hold the service provider and/or its assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assigns may sustain or to which the service provider and/or its assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.

WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE ULTIM MARKETING, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.

We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible or liable for any lost profits or any lost data or information. While we take all reasonable precautions to ensure your database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database except through our EXPORT function.

 

Privacy Policy

The service provider will not rent, sell, access or in any way use the client’s customer information. This information will be kept strictly confidential in the highest manner possible.

  • We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, approximate location, IP address, and information volunteered by the consumer (such as survey information and/or site registrations).The information we collect is used to improve the content of our web pages and the quality of our service.
  • We ask for information such as your name, company name, email address, billing address and credit card information for users of our services.  We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
  • A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computer and stored on your computer’s hard drive. Cookies are required to use our service.  We use cookies to record current session information but do not use permanent cookies.
  • We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data.
  • We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.
  • We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site. This includes the transfer of data in the event ULTIM Marketing is acquired by or merged with another company.

Copyright

ULTIM Marketing reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines, or might otherwise impair our rights in the logo.

  • As a general rule, third parties may not use the ULTIM Marketing logo unless approved logo artwork is provided by us.
  • The logo may not be used in any manner that might imply that any non-ULTIM Marketing materials, including but not limited to goods, services, websites, or publications, are sponsored, endorsed, licensed by, or affiliated with ULTIM Marketing.
  • The logo may not be displayed as a primary or prominent feature on any non-ULTIM Marketing materials. Companies using the logo pursuant to these guidelines must also display, in the primary and more prominent position, their own logo(s), business name, product names, or other branding.
  • The logo may not be imitated or used as a design feature in any manner.
  • The logo may not be used in a manner that would disparage ULTIM Marketing or its products or services.
  • Neither the logo nor any part of the ULTIM Marketing name (e.g., ULTIM) may be used in any other company name, product name, service name, domain name, website title, publication title, or the like.
  • Non-ULTIM Marketing materials should not mimic any ULTIM Marketing advertising, product packaging, or website design.
  • The logo must be used as provided by ULTIM Marketing with no changes, including but not limited to changes in the color, proportion, or design, or removal of any words or artwork. The logo may not be animated, morphed, or otherwise distorted in perspective or appearance.
  • The logo must stand alone and may not be combined with any other object, including but not limited to other logos, words, graphics, photos, slogans, numbers, design features, or symbols. The logo must never be used to represent the word ULTIM Marketing in text, including in a headline, product-name logotype, or body copy.
  • The logo must not be incorporated or used in any manner as part of, or in close proximity to another company’s name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks.
  • ULTIM Marketing further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law. For real, don’t mess with the logo or our trademarked name.

Partnership Agreements

By completing our Partner Application, you agree to Terms and Rules discussed herein.  This Agreement is between ULTIM Marketing (“affiliate manager,” “us,” “we,” or “our”) and the Partner (“the referrer,” “you,” “your” or “partner”). We are independent parties and this agreement will not form any partnership.  This agreement will begin upon our acceptance of your partner application  (“Effective Date”) and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

  • Commissions are earned at a rate of 10%, of the paid “package”, to the “last referrer” noted by the customer and/or identified by the referrer’s deal registration records.
  • Packages consist of monthly services contracted by the client and do not include add-ons, special projects, or any other ad-hoc ULTIM Marketing products and services.
  • Earned commissions will be approved and paid within two weeks after referred accounts pay for their third month of service. We have the right to change our refund policy at any time, and, if we do, the commissions will be adjusted accordingly.
  • Approved commissions over $100 will be paid out each month.
  • We will monitor, track and audit referrals submitted for accuracy and to prevent fraud. We reserve the right to clawback paid commission, exclude you from earning commissions and forfeit any partner rewards should we find any errors or agreement violations.
  • In order to claim approved commissions you must have a valid bank account.
  • All unclaimed approved commissions older than six months, will be canceled.
  • You can download your 1099 from here, for United States taxes.
  • By posting a change notice, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the program 30 days following the posting will be considered as your acceptance of the change.

Independent Contractor 

Partner is and throughout this Agreement shall be an independent contractor and not an employee, partner or agent of ULTIM Marketing. Partners shall not be entitled to nor receive any benefit normally provided to ULTIM Marketing employees such as, but not limited to, vacation payment, retirement, health care or sick pay. ULTIM Marketing shall not be responsible for withholding income or other taxes from the payments made to Partner. Partner shall be solely responsible for filing all returns and paying any income, social security or other tax levied upon or determined with respect to the payments made to Partner pursuant to this Agreement. Partner shall have no authority to act as agent for, or on behalf of, ULTIM Marketing, or to represent ULTIM Marketing, or bind ULTIM Marketing in any manner.

 

Non-Solicitation

During the term of this Agreement and for a period of three (3) years thereafter, Partner shall not directly or indirectly, either for her/his own account, or as a partner, shareholder, officer, director, employee, agent or otherwise, solicit any ULTIM Marketing clients to provide any alternative or additional service or product that competes with ULTIM Marketing services.

 

Confidentiality

“Confidential Information” means all non-public, confidential, or proprietary information disclosed before, on, or after the Effective Date, by ULTIM Marketing to the partner or its Representatives, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as “confidential,” including, without limitation:

  • information concerning ULTIM Marketing and its Representatives, and its customers’, suppliers’, and other third Parties’, past, present, and future business affairs including, without limitation, finances, customer information, supplier information, products, services, organizational structure and internal practices, for and business, marketing, development, sales, and other commercial strategies;
  • unpatented inventions, ideas, methods, and discoveries, trade secrets, know-how, and other confidential intellectual property;
  • designs, specifications, documentation, components, source code, object code, images, icons, audiovisual components, and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, of any of the foregoing;
  • third-party confidential information included with, or incorporated in, any information provided by ULTIM Marketing to the Partner or its Representatives;
  • other information that would reasonably be considered non-public, confidential, or proprietary given the nature of the information and the Parties’ businesses; and
  • notes, analyses, compilations, reports, forecasts, studies, samples, data, statistics, summaries, interpretations, and other materials (the “Notes”) prepared by or for the Partner or its Representatives that contain, are based on, or otherwise reflect or are derived, in whole or in part, from any of the foregoing.
  • Partner agrees to protect the Confidential Information of ULTIM Marketing in a reasonable and appropriate manner to the same extent it protects the confidentiality of its own proprietary and confidential information of like kind or in accordance with applicable industry standards, but in no event less than reasonable care; 
  • Confidentiality shall not apply to Confidential Information which is publicly known,  already known to the Partner;  disclosed to Partner by a third party who is not, to Partner’s knowledge, under a confidentiality restriction with respect to such Confidential Information; or   independently developed by the Partner, without reference to the Confidential Information.

Representations and Warranties

The Partner represents and warrants that s/he is fully authorized and empowered to enter into the Agreement and that their entering into the Agreement will not violate any agreement between the Partner and any other person, firm or organization or any law or governmental regulation, including but not limited to copyright or personal or proprietorial rights of others.

 

Intellectual Property

Partner hereby assigns, and agrees to assign, to ULTIM Marketing all right, title and interest in works related to this agreement, including but not limited to copyright, all rights subsumed thereunder, and all other intellectual property rights, including all extensions and renewals thereof.

Partner also agrees to waive all moral rights relating to ULTIM Marketing services, including but not limited to, all rights of identification of authorship and all rights of approval, restriction or limitation on use, and subsequent modifications.

Partner further agrees to provide all assistance reasonably requested by ULTIM Marketing, both during and after the Term of this Agreement, in the establishment, preservation and enforcement of ULTIM Marketing’s rights in the ULTIM Marketing Services Works.

 

ULTIM Marketing Affiliate PPC Rules

  1. Search Engines

Bidding is allowed on Google and Bing/Yahoo with a few restrictions listed herein. Bidding on Ask, Facebook, Twitter, Find What and other search engines and social media sites is permitted with no restrictions on ULTIM Marketing trademarked terms.  Clause 3 below (Competitor Terms) in the PPC Policy must be followed on all pay-per-click search engines and advertisements.

  1. ULTIM Marketing and Manufacturer Trademarks

  • Affiliates may not bid on ULTIM Marketing trademark terms on Google and Bing/Yahoo, including international versions.
  • There are no trademark restrictions with ULTIM Marketing trademarks on Ask, Find What, Facebook, and other pay-per-click search engines.
  • Affiliates MAY NOT use www.ultimmarketing.com in the display URL at any PPC search engine or various content network sections. Alternative spellings of our domain name are also not permitted. 
  • Affiliates are permitted to use ULTIM Marketing trademarks in the URL to the right of the domain in the display URL. Example: www.yoursite.com/ULTIMMarketing.
  • Affiliates may not include “Official Site” or make representations that your advertisement is from ULTIM Marketing.
  • Affiliates may not bid on ULTIM Marketing + “term” on Google and Bing/Yahoo. Example: ULTIM Marketing reviews, ULTIM Marketing discounts, etc.
  • You may bid on manufacturer specific terms, although, some manufacturers have blocked the use of their terms on various search engines without prior permission.
  • ULTIM Marketing terms include all of the following and any potential misspellings not shown here:
    • ULTIMarketing.com
    • ULTIMarketring.com
  • Affiliates may bid on manufacturer specific terms, although some manufacturers have blocked the use of their terms on various search engines without prior permission.
  1. Geo-targeting and Dayparting

  • Geo-targeting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.
  • Dayparting is allowed on all search engines as long as policies regarding display URL, competitor terms and trademarks are followed.
  • Using geo-targeting and dayparting to avoid enforcement of the ULTIM Marketing PPC Policy is strictly prohibited and grounds for immediate removal and reversal of all commissions up to 30 days prior to the date of the PPC violation.
  • International geo-targeting is allowed as long as the advertisement is truthful in the ULTIM Marketing international policies.
  • International affiliates may not use a ULTIM Marketing display URL on any search engine, including but not limited to www.ultimmarketing.com, and any related misspellings.
  1. Ad Copy Restrictions

  • Truth in advertising: Affiliates are required to be truthful about any advertisement representing ULTIM Marketing.
  • Do not represent your advertisement as an official or endorsed ULTIM Marketing advertisement or site.
  1. Exclusions, Penalties and Notifications

  • ULTIM Marketing reserves the right to exclude any or all of our PPC policy for individual affiliates at our sole discretion.
  • Excluded affiliates are required to agree via signed contract to any exclusion permitted herein. Do not assume exclusion via verbal or written communication.
  • Affiliates receive one warning and are given 48 business hours to comply with any PPC violations. A second violation will result in termination of the affiliate relationship and may be cause for reversal of past commissions earned up to 30 days prior to the second violation. See below exceptions to this policy.
  • Affiliates found using geo-targeting or dayparting features on search engines to avoid enforcement of the ULTIM Marketing PPC Policy will be immediately removed from the ULTIM Marketing affiliate program, have all commissions reversed up to 30 days prior to the violation date and be immediately reported to the Affiliate Network for investigation.
  • Affiliates found in breach of the PPC Policy and Terms of Service regarding competitor terms will be immediately removed from the program, have all commissions reversed up to 30 days and be subject to a $5,000 penalty.
  • From time to time, ULTIM Marketing may review the PPC policy for changes in the way search engines operate or changes in ULTIM Marketing philosophy. Any changes made to the PPC Policy will be announced via email. Affiliates are given no less than seven business days to comply with any new PPC terms before a first violation is cited on the affiliate’s account.

Reporting Violations

Violations of the ULTIM Marketing PPC Policy may be reported to support@ultimmarketing.com. Please have all applicable proof in your email, including but not limited to screenshots of the ad, geographical location of the ad, URL/network tracking information and the search engine where the ad was found.

This Agreement will be governed by the laws of the United States and the state of California. Any action relating to this Agreement must be brought in the Federal or State courts located Santa Barbara, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Partner Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.